Aniruddha Singh and Another Vs State of U.P. and Another

Court No. - 66

Case :- APPLICATION U/S 482 No. - 39152 of 2022

Applicant :- Aniruddha Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Manvendra Singh, the learned counsel for applicants and the learned A.G.A. for State.

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Challenge in this application under section 482 Cr.P.C. is to the order dated 29.9.2022, passed by Sessions Judge, Hamirpur in Special Case No. 639 of 2022 (State Vs. Aniruddha Singh and another) under Sections 171, 384, 419, 420, 467, 468, 484, 307, 411 IPC, Police Station- Kotwali Nagar, District Hamirpur. Apart from above, various other relief have also been prayed for.

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At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that since charges have been framed against applicant, therefore other relief prayed for by applicant are misconceived. It is next contended by learned A.G.A. that since order impugned in present application is a final order therefore, same is revisable in terms of Section 397/401 Cr.P.C. Consequently, present application under section 482 Cr.P.C. is not maintainable. Remedy lies to applicant by way of criminal revision. As such, present application is liable to be dismissed on the ground of alternative remedy.

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When confronted with above, learned counsel for applicant could not overcome the same.

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In view of above, present application is liable to be dismissed on the ground of alternative remedy.

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It is accordingly dismissed on the ground of alternative remedy.

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Certified copy of the impugned order may be returned to the learned counsel for the applicants after obtaining photo copy of the same to be kept on record.

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Order Date :- 2.2.2023

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Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Aniruddha Singh and Another v. State of U.P. and Another

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Aniruddha Singh and Another v. State of U.P. and Another

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